New York Judge Jesse Furman on Tuesday ordered the Commerce Department to remove a controversial citizenship question from the 2020 census.

The primary function of the census is to obtain a population count used to allocate the seats of the House of Representatives. Trump had sought to use the census to obtain data on illegal immigrants by including the question “Is this person a citizen of the United States?”

Such a question hasn’t been included in a census since 1950.

The question is an “unlawful” violation of the Administrative Procedures Act, wrote Furman in his 277-page opinion. Furman also ruled that the citizenship question was not intended to discriminate against Latinos and other minorities.

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Furman’s ruling makes matters even more difficult for the United States Census Bureau, which is currently running without funding as it prepares for the 2020 census.

“We are disappointed and are still reviewing the ruling,” said Justice Department Spokesperson Kelly Laco. “Reinstating the citizenship question ultimately protects the right to vote and helps ensure free and fair elections for all Americans.”

Furman’s ruling will likely be appealed to the 2nd US Circuit Court of Appeals and then to the Supreme Court, which in February will hear oral arguments on the case and decide whether Commerce Sec. Wilbur Ross can be questioned under oath about his decision to include the citizenship question.

In the meantime, Ross has the opportunity to move forward with the citizenship question if he can provide “real rationale” for including it.

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